The Hague. The International Criminal Court, where former Philippine President Rodrigo Duterte is being held following his arrest in the Philippines, serves as a court of last resort for the most serious international crimes, such as genocide and crimes against humanity.

The 79-year-old former president is the first former Asian leader to be arrested by the global court. Duterte arrived in the Netherlands on Wednesday after being detained the previous morning on an ICC warrant accusing him of crimes against humanity over the deadly anti-drug crackdowns he oversaw while in office.

Supporters argue that the court lacks jurisdiction over Duterte, in part because he withdrew the Philippines from the ICC in 2019. However, the judges who issued his arrest warrant assert that the alleged crimes occurred before the withdrawal, meaning the court retains jurisdiction.

What Is the International Criminal Court?

The ICC prosecutes allegations of war crimes, crimes against humanity, genocide, and aggression when national governments are unable or unwilling to act.

The court’s newest member, Ukraine, officially joined in January, bringing the total number of member states to 125. Major powers such as the United States, Russia, and China are not members.

With a 2024 budget of more than 195 million euros ($213 million), the ICC lacks its own police force and relies on member states to arrest suspects.

Since its establishment, ICC judges have issued 60 arrest warrants and convicted 11 individuals. The first conviction came in 2012 when Congolese warlord Thomas Lubanga was sentenced to 14 years in prison for conscripting child soldiers.

In 2021, the court convicted Ugandan commander Dominic Ongwen of war crimes and crimes against humanity, including multiple killings and forced marriages. Ongwen, a former child soldier, became a brutal commander in the notorious Lord’s Resistance Army.

Three verdicts are pending, including those against former Central African Republic soccer federation president Patrice-Edouard Ngaïssona and Alfred Yekatom, accused of war crimes and crimes against humanity. Another trial, involving Ali Mohammed Ali Abdul Rahman, who allegedly led the Janjaweed militia in Sudan, concluded last year.

The ICC’s Detention Center

The ICC’s detention facility is located within a Dutch prison complex in The Hague’s seaside suburb of Scheveningen, about 1.5 kilometers (1 mile) from the court’s headquarters.

Detainees have access to books, television, news, gym facilities, and computer training. They can also use computers for their legal defense and receive family visits. Photos on the ICC website show a communal area with a foosball table, kitchen, and seating. The facility includes a small medical center.

Each cell contains a bed, desk, cupboard, toilet, hand basin, television, and an intercom to contact guards.

If Duterte is convicted, he would not serve his sentence in The Hague but in a designated prison in another country.

The detention center currently holds five other suspects: Mahamat Said Abdel Kani, Yekatom, and Ngaïssona from the Central African Republic; Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud from Mali; and Abdul Rahman from Sudan.

High-Profile Suspects Still at Large

Since its establishment in 2002, the ICC has issued arrest warrants for dozens of suspects, including Russian President Vladimir Putin and Israeli Prime Minister Benjamin Netanyahu.

The court issued a warrant for Putin two years ago, accusing him of personal responsibility for the abduction of children from Ukraine—an allegation he denies.

In November, ICC judges issued warrants for Netanyahu, his former defense minister, and Hamas’ military chief over alleged crimes against humanity linked to the war in Gaza. Netanyahu condemned the move, calling the accusations “absurd and false.” The case against Hamas’ military leader was terminated after his reported death.

Other ICC fugitives include former Sudanese President Omar al-Bashir and Joseph Kony, leader of Uganda’s Lord’s Resistance Army.

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